It is noted that little authority exists for this area of law due to the inadequate regulation by the Civil Aeronautics Board (CAB) and due to public unfamiliarity with the remedies available to the bumped passenger. This commentary describes the concept of overbooking, the methods used to determine the optimum number of reservations to accept, and the need to retain overbooking. The functions of the CAB and CAB regulations applicable to overbooking are reviewed. The Nader ruling and the problems created by the issues whose disposition was omitted in the Supreme Court's decision are also reviewed. The problems created by Nadar are analyzed, and the soundness of the CAB's response to the problem caused by the Nader case is analyzed. The last section of this article compares previous solutions to the problem with a proposed solution that could circumvent the overbooking dilemma and eliminate these problems.